Why does Ebay feel compelled to dictate the durational terms of my best-offer?

[kingofthewind]

I try to get along within the Ebay system of heavy-handedness and caprice, but sometimes it gets ridiculous. I could talk about the days when I, as the buyer, used to be able to choose a method of payment. Then that changed to what was essentially, "use Paypal or go to blazes". That was irritating. Then there was the charging commission on what a seller charges for shipping?  Absurd.

But tonight really takes the cake when it comes to Ebay's almost complete control over the terms of agreements between principals. I rarely make best-offers on items, as I have had less than successful results from doing so. I have offered 10% under the asking price and get back a counter-offer that is 9% above that. I find it odd that sellers put best-offer options in their auction if they're not going to entertain reasonable offers.

Generally when I put in a "best-offer" on something, I also add a note that says that I can revoke the offer any time prior to acceptance. This, my friends, is contract law 101-A. A buyer, especially one who is not a merchant (It may be different betweein merchants under the Uniform Commercial Code.), can revoke an offer any time prior to acceptance. So why does Ebay feel compelled to disgard centuries of reasonable business practices, established by years of convention, and say MY offer is good for "X" amount of days (Whether I, offeror, like it or not.)? 

Before putting in my offer I had noted that there is a retraction link for a buyer to retract an offer through Ebay's system. For that reason I didn't add my usual term to the best offer. Then tonight I go to that link, hit it, and find out that Ebay has put restrictions, three arbitrary choices, whereby I can retract without some sort of Ebay punishment.). Hey, Ebay, what about because I feel like revoking an offer not yet accepted? I can't see any good reason for EBay to control this aspect of my offer's terms? There are many reasons a buyer may want to revoke an offer that doesn't fall into Ebay's three listed excuses. 

EBay has gotten away with lots of ills over the years by claiming that they are merely a venue. Do they still make that claim when challenged?  That they are merely a venue that tells buyers how long their offers are good. what sort of payments they must accept, etc. Like many, I have just about had it. However, since my offer's duration has been (rather opaquely) dictated by Ebay, the mere venue (rolleyes), I'll let it go until it expires, which is early tomorrow, but I will never neglect to put my standard veribiage in my offer, "Offer good until "X" date and time, or until revoked by offeror prior to acceptance."  I shouldn't have to put that in there; I should just be able to revoke/retract any time prior to acceptance,  based on contract law. If Ebay was truly just the venue they have claimed to be since the beginning, they would not dictate such fundamental terms of MY offer.  Vent over. But I will remember it.

[castlemagicmemories]

I understand your feelings but this is Ebay's site and their rules govern it, and their rules state that a Best Offer is good for 48 hrs.  They can be a venue and still have rules that govern procedures on this site, and protocol and procedures that are to be followed.

You don't have to like the rules, and the best way to avoid something that is so distasteful to you is to simply not use Best Offer.

Just use the buy it now if you don't like the terms attached to Best Offer, and you won't have this issue.  It makes no sense to continue to use something that aggravates you.

Also, there are valid reasons for Ebay to have that rule.  Sellers may have other jobs, responsibilities, and lives that preclude them from being online in the timeframe to meet your demands.  Some live in other time zones, some may be in another country.  So many reasons as to why there is that time factor in there.

But again, if you don't like it, don't use it.

Good Luck to you.

[buyselljack2016]

It is all very simple.

You can do what you want to, and set what ever rules you want on your own website/venue.

When you use eBay you follow the rules set forth.

[ed8108]

Very well argued

However, buyers and sellers by using ebay agree to be governed by ebay's policies, and rules, and subject to ebay determinations to remain in good standing.

[castlemagicmemories]

OP, most sellers won't take kindly, in any event, to your putting your own terms and stipulations as to duration on a Best Offer.  It doesn't reflect well on you.

They may feel that you would be a difficult buyer, and one who does not follow or know policy.  

You don't like that Ebay dictates the terms of your offer.  Sellers may not like that you do that, either.  And it has been said, that if you rush someone to make a decision, their answer will be, no.  And possibly you will blocked.

Just my thoughts.  YMMV

[castlemagicmemories]

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@ed8108wrote:

Very well argued

However, buyers and sellers by using ebay agree to be governed by ebay's policies, and rules, and subject to ebay determinations to remain in good standing.

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Excellent point.

[castlemagicmemories]

You might also want to consider that while you are waiting on an answer on a Best Offer, someone could come along and buy whatever you are interested in right out from under you.

But if the discount is more important to you and you use Best Offer, you just might have to wait.  

The choice is yours.

[chrysylys]

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@kingofthewindwrote:

I have offered 10% under the asking price and get back a counter-offer that is 9% above that. I find it odd that sellers put best-offer options in their auction if they're not going to entertain reasonable offers.

Generally when I put in a "best-offer" on something, I also add a note that says that I can revoke the offer any time prior to acceptance. This, my friends, is ...

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...  poppycock, fully irrelevant and unenforceable.

That said, Corporate is forcing Best Offer on listings againt the seller's will in a great many cases.  Some sellers don't even know it's been added and are finding they can't remove it.  The counter offer you received is one example of how sellers are figthing this unethical attack on their listings by Corporate.  Thye will simply decline all offers or counter at a very small percentage below their original BIN price.

[myboardid]

I use Best Offer all the time and find it works out well for both buyers and sellers.  I follow eBay's rules completely, and if a buyer made an offer with the caveat of potential cancellation, I would decline the offer immediately, as it is against eBay's rules, to which the buyer AGREED when choosing to use the venue. 

A seller can receive more than one offer on an item, and can choose which one to accept in that instance.  A seller may decide to wait after receiving your offer to see if a better one comes along.  They don't have to choose yours within any time frame other than that which eBay has chosen.  

Clearly you don't like the terms of the user agreement.  Just don't use Best Offer ever again.  You cannot control everything.   There are many aspects of eBay that all of us would like to change, but we can only use eBay within their own rules.    

[mudshark61369]

  "tonight really takes the cake when it comes to Ebay's almost complete control over the terms of agreements between principals. ... Generally when I put in a "best-offer" on something, I also add a note that says that I can revoke the offer any time prior to acceptance. This, my friends, is contract law 101-A".

 eBays Terms of Agreement are a contract to abide by the rules they set up. You made that a binding contract when you checked the I accept button, as did the seller.  Your note, is in no way a contract. First because you are both already bound by a contract to abide by eBay's rules, which neither of you can change. Secondly, because you do not give a seller a chance to accept your terms or not.

  Contractual Law 101, Contracts must first be agreed to, by all of the parties involved, before they are enforcable.  Since you do not have a waiver from eBay, or the seller who are the other parties involved,  your terms are moot.  Good Luck getting ebay to agree to allow you to amend an existing contract,  on an individual basis.

[vintagemoth12]

How do you feel about the bid? Do you see it in the same way as Best Offer? The bid is seen as a contract with the seller. But in this section of eBay procedures and rules it says this:

If you make an offer and the seller accepts, it's just like any other sale on eBay – you're obliged to pay the amount you offered. If the seller rejects your offer, you can make another one (up to five on most items, and 10 in most vehicles categories).

It makes it seem as if you are not obliged until the seller accepts. 

[couldabeenworse]

Generally when I put in a "best-offer" on something, I also add a note that says that I can revoke the offer any time prior to acceptance. This, my friends, is contract law 101-A. A buyer, especially one who is not a merchant (It may be different betweein merchants under the Uniform Commercial Code.), can revoke an offer any time prior to acceptance.

Every Offer I've ever signed had a time period during which I could not revoke it without penalty (except those made through a saleperson in my home).

[virtualwhimsy]

Good Lord.

I've never seen such a long winded diatribe when it's all so very simple.

It's ebay's rules - not yours.

If you don't like it, as suggested - stop making offers - or simply stop using ebay.

[7606dennis]

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@couldabeenworsewrote:

Generally when I put in a "best-offer" on something, I also add a note that says that I can revoke the offer any time prior to acceptance. This, my friends, is contract law 101-A. A buyer, especially one who is not a merchant (It may be different betweein merchants under the Uniform Commercial Code.), can revoke an offer any time prior to acceptance.

Every Offer I've ever signed had a time period during which I could not revoke it without penalty (except those made through a saleperson in my home).

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Under eBay's Best Offer system the time period for which the offer is valid is 48 hours or until the listing ends, whichever comes first.  All eBay users have accepted eBay's right to set the rules by accepting the User Agreement.  If one doesn't like the terms set forth for the use of the eBay's Best Offer system, one can and should refrain from utilizing it.

[jasgib_0]

First world problems